Lopez-Bazante

concurring:

I concur in the result.

MEMORANDUM *

The Board of Immigration Appeals (“BIA”) dismissed Santiago Lopez-Bazante’s (“Petitioner”) appeal from the order of an immigration judge (“IJ”), affirming the IJ’s finding of removability and denial of a discretionary waiver of inadmissibility under former § 212(c) of the Immigration and Naturalization Act, 8 U.S.C. § 1182 (c) (repealed 1996). 1 Petitioner petitions for review of the BIA’s decision on grounds (1) that the BIA erroneously rejected Petitioner’s claim that § 321(a) of IIRIRA was impermissibly applied retroactively to the pre-IIRIRA convictions, and (2) that the IJ failed to exercise discretion in denying relief under § 212(c). In response to our call for supplemental briefing, Petitioner also contends under Bravo-Pedroza v. Gonzales, 475 F.3d 1358 (9th Cir.2007), that, under the principles of res judicata, the IJ’s previous order to terminate deportation proceedings in 1995 should preclude operation of the December 12, 2002 removal order under 8 U.S.C. § 1227 (a)(2)(A)(iii) (aggravated felon bar). *133 Finally, Petitioner alleges that the BIA incorrectly upheld the IJ’s denial of a motion to reopen based on a post-hearing letter by Petitioner’s…